California Rules of Court: Title Three Rules (2024)

California Rules of Court: Title Three Rules (2)

Rule 3.110. Time for service of complaint, cross-complaint, and response

(a)Application

This rule applies to the service of pleadings in civil cases except for collections cases under rule 3.740(a), unlawful detainer actions, proceedings under the Family Code, and other proceedings for which different service requirements are prescribed by law.

(Subd (a) amended effective July 1, 2007; previously amended effective January 1, 2007.)

(b)Service of complaint

The complaint must be served on all named defendants and proofs of service on those defendants must be filed with the court within 60 days after the filing of the complaint. When the complaint is amended to add a defendant, the added defendant must be served and proof of service must be filed within 30 days after the filing of the amended complaint.

(c)Service of cross-complaint

A cross-complaint against a party who has appeared in the action must be accompanied by proof of service of the cross-complaint at the time it is filed. If the cross-complaint adds new parties, the cross-complaint must be served on all parties and proofs of service on the new parties must be filed within 30 days of the filing of the cross-complaint.

(d)Timing of responsive pleadings

The parties may stipulate without leave of court to one 15-day extension beyond the 30-day time period prescribed for the response after service of the initial complaint.

(e)Modification of timing; application for order extending time

The court, on its own motion or on the application of a party, may extend or otherwise modify the times provided in (b)-(d). An application for a court order extending the time to serve a pleading must be filed before the time for service has elapsed. The application must be accompanied by a declaration showing why service has not been completed, documenting the efforts that have been made to complete service, and specifying the date by which service is proposed to be completed.

(Subd (e) amended effective January 1, 2007.)

(f)Failure to serve

If a party fails to serve and file pleadings as required under this rule, and has not obtained an order extending time to serve its pleadings, the court may issue an order to show cause why sanctions shall not be imposed.

(Subd (f) amended effective January 1, 2007.)

(g)Request for entry of default

If a responsive pleading is not served within the time limits specified in this rule and no extension of time has been granted, the plaintiff must file a request for entry of default within 10 days after the time for service has elapsed. The court may issue an order to show cause why sanctions should not be imposed if the plaintiff fails to timely file the request for the entry of default.

(Subd (g) amended effective January 1, 2007.)

(h)Default judgment

When a default is entered, the party who requested the entry of default must obtain a default judgment against the defaulting party within 45 days after the default was entered, unless the court has granted an extension of time. The court may issue an order to show cause why sanctions should not be imposed if that party fails to obtain entry of judgment against a defaulting party or to request an extension of time to apply for a default judgment within that time.

(Subd (h) amended effective January 1, 2007.)

(i)Order to show cause

Responsive papers to an order to show cause issued under this rule must be filed and served at least 5 calendar days before the hearing.

(Subd (i) amended effective January 1, 2007.)

Rule 3.110 amended effective July 1, 2007; adopted as rule 201.7 effective July 1, 2002; previously amended and renumbered effective January 1, 2007.

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California Rules of Court: Title Three Rules (2024)

FAQs

What is the rule 3.1203 A in California Rules of court? ›

California Rules of Court, Rule 3.1203 states that “[a] party seeking an ex parte order must notify all parties no later than 10:00 A.M. the court day before the ex parte appearance, absent a showing of exceptional circ*mstances that justify a shorter time for notice.” (Emphasis added).

What is the rule 3.1324 in California? ›

Califomia Rules of Court Rule 3.1324(b) requires that a declaration accompanying a motion for leave to amend must specify: "(1) the effect of the amendment; (2) Why the amendment is necessary and proper; (3) when the facts giving rise to the amended allegations were discovered; and (4) the reasons why the request for ...

What is the California Rule for 2024? ›

(1) A party may file a petition in the Supreme Court for review of any decision of the Court of Appeal, including any interlocutory order, except the denial of a transfer of a case within the appellate jurisdiction of the superior court.

What is the rule 3.1302 in California Rules of court? ›

(Cal. Rules of Court, rule 3.1302(b).) Lodging should be distinguished from the act of providing courtesy copies to a judge. Lodged documents are necessary for the court's full consideration of a motion or other application but are prohibited by rule or local practice from being filed with the clerk's office.

What is the rule 9.43 in California Rules of court? ›

Rules of Court, rule 9.43.] In addition to complying with Code of Civil Procedure section 1282.4 and California Rules of Court, rule 9.43, out-of-state attorneys also must follow the rules and procedures of the California State Bar's Out-of-State Attorney Arbitration Counsel (OSAAC) program. [See Knight, et al., Cal.

What is rule 3.400 of the California Rules of court? ›

According to California Rules of Court, rule 3.400, a complex case is: “An action that requires exceptional judicial management to avoid placing unnecessary burdens on the court or the litigants and to expedite the case, keep costs reasonable, and promote effective decision making by the court, the parties and counsel. ...

What is rule 3.735 A of the California Rules of court? ›

(a) Short cause case defined

A short cause case is a civil case in which the time estimated for trial by all parties or the court is five hours or less. All other civil cases are long cause cases. (Subd (a) amended effective January 1, 2007.)

What is California Rules of court Rule 3.1540 A? ›

California Rules of Court, rule 3.1540(a) requires the trial judge to examine prospective jurors, orally, by written questionnaire, or both. Once the trial judge has completed that task, the attorneys must be permitted to ask additional questions.

What is the rule 3.811 in California Rules of court? ›

This rule provides that all civil cases where the amount in controversy is $50,000 or less must be arbitrated. Rule 3.811 includes cases exempt from arbitration (i.e. class actions, Family Law Act proceedings, and unlawful detainer proceedings).

What is the 7 year rule in California? ›

Section 2855(a) limits the term of personal service employment to seven years, i.e. a personal service employment contract may not be enforced for a period exceeding seven years. This is the reason the statute is famously known as the “Seven Year Rule.”

What is the 3 year rule in California? ›

The Three-year rule is part of the IRS tax code that deals with assets, transfers, and estates. The rule places certain assets in the total for the decedents' gross estate when those assets are transferred within three years of the person's death.

What is the 65 rule in California? ›

Proposition 65 requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm. These chemicals can be in the products that Californians purchase, in their homes or workplaces, or that are released into the environment.

What is the rule 3.20 A in California Rules of court? ›

(a) Fields occupied

No trial court, or any division or branch of a trial court, may enact or enforce any local rule concerning these fields. All local rules concerning these fields are null and void unless otherwise permitted or required by a statute or a rule in the California Rules of Court.

What is Cal Rules of court Rule 3.1306 B? ›

(b) Request to present oral testimony

When the statement is filed less than five court days before the hearing, the filing party must serve a copy on the other parties in a manner to assure delivery to the other parties no later than two days before the hearing.

What is Rule 3.522 in Cal Rules of court? ›

Rules of Court, rule 3.522(a).) Serve each party in each included action. The petitioner must serve the notice of submission of petition for coordination that was filed in each included action, the petition for coordination, and all supporting documents on each party appearing in each included action. (Cal.

What does California Rule of court 3.1200 refer to? ›

Rule 3.1200. Application. The rules in this chapter govern ex parte applications and orders in civil cases, unless otherwise provided by a statute or a rule. These rules may be referred to as "the ex parte rules."

What are the grounds for ex parte application in California? ›

The Ex Parte Application must show there is an emergency such that there will be irreparable harm or immediate danger if the order is not granted. An Ex Parte Application should only be filed when there is not enough time to hear a regularly noticed motion (16 court days minimum).

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